Robert A. Bertsche Tells Connecticut Paper: Proposed Bill Would Unconstitutionally Restrict Information Flow

February 16, 2007

Rob was quoted on the proposed Senate Bill that would restrict the delivery of free periodicals only to commercial or residential addresses whose residents have authorized the deliveries.  Rob was quoted as saying:

“The proposed bill is unconstitutional, because it would unnecessarily restrain an entire category of speech without a sufficient governmental interest. It is not the role of the government to choke the flow of information to the public. A similar bill was ruled unconstitutional in Georgia less than 10 years ago, and we have no doubt the same result would occur if this misguided legislation became law. The First Amendment protects not only a newspaper’s ability to express news and information; it also protects the newspaper’s ability to spread that message. As the U.S. Supreme Court ruled almost 130 years ago, ‘Liberty of circulation is as essential as liberty of publishing; indeed, without the circulation, the publication would be of little value,'”

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